Newington In Talks With Toll Brothers Over Cedar Mountain Suit

CHRISTOPHER HOFFMAN,Special to The Courant

Newington, Toll Brothers in talks over Cedar Mountain lawsuit

NEWINGTON — The conservation commission is in talks with Toll Brothers over the company's lawsuit to overturn the commission's denial of a wetlands permit for a proposed housing development on Cedar Mountain.

The commission met privately for nearly 90 minutes this week with its outside attorney in the case, Michael Zizka. Town Attorney Peter J. Boorman also attended the executive session.

Toll Brothers' desire to build on Cedar Mountain has sparked fierce opposition from some residents who fear the development will cause environmental damage and want the area preserved as open space.

In February 2013, the commission voted 5-1 to reject Toll Brothers' application for a wetlands permit. The vote came after a months-long review during which the commission hired its own experts to review the company's environmental submissions.

The commission rejected the application out of concern over the proposal's long-term impact on wetlands and wildlife. Toll Brothers, one of the nation's largest homebuilders, charged in its lawsuit that the record failed to justify those concerns.

The Pennsylvania-based company is seeking to build 48 luxury homes on 29 acres, while keeping another 44 acres as open space.

In early June, Toll Brothers attorney requested "alternate dispute resolution" in the case, according to court records. The commission accepted, records say.